ARTICLE 14, PARAGRAPH 2
Aggravating Circumstances
That the crime be committed in contempt of or with insult to the public authorities.
BASIS
- Greater perversity shown in his lack of respect for public authorities
REQUISITES
- Public authority is engaged in the exercise of his functions
- He who is thus engaged in the exercise of said functions is not the person against whom the crime is committed
- The offender knows him to be a public authority
- His presence has not prevented the offender from committing the criminal act
Who is considered a public authority?
Sometimes called a person in authority, he is someone directly vested with jurisdiction or the power to govern and execute laws.
Agents of a person in authority or those who aid persons in authority are not included under the scope of public authority.
> The crime should not be committed against public authority because this would negate the phrase “in contempt with or with insult” to him with the exception of the case of People v. Santok, where the aggravating circumstance was applied because the deceased was shot in the performance of his official duty.
> If an offender commits a crime in the presence of a public authority, but was not aware that the he was a person in authority, the aggravating circumstance cannot be applied because it lacks the intention to insult the public authority.
